Revolutionary War Pension and Bounty Land Warrant Application File S. 35979, Joseph Goine, Va.

SERVICE
NUMBER
Va.
Goine, Joseph
S 35979
CONTENTS

10.256
Kentucky Joseph Goine
of Mason in the state of Kentucky who was a Private in the regiment commanded by Colonel Lambert of the Virginia line, for the term of eight months
Inscribed on the Roll of Kentucky at the rate of 8 Dollars per month, to commence on the 11 of September 1815
Certificate of Pension issued the 4 of May 1819 and sent to James Clarke Judge Richmond
  Arrears to 4th of March 1819  46:36    Semi-ann. all'ce ending 4 Sept 1819  48. -     94:36  
{ Revolutionary claim, } { Act 18th March, 1818. }
40 50 5.33 51 1.03 41.36 48. -
Continued
Application sent 26 Jan 1822 to Hon. J. Pres Smith N.H.

THE COMMONWEALTH OF KENTUCKY,
Madison County, Set.
On this 11th day of September 1818, before me the subscriber, one of the Judges of the circuit court, in and for the state aforesaid, personally appeared Joseph Gaine aged fifty eight years;—who being by me first duly sworn according to law, doth on his oath, make the following statement and declaration, in order to obtain the provision made by the late law of Congress. entitled, "an act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War;" that he is a citizen of the state of Kentucky, and resident in the county of Madison ; and that he was enlisted for eighteen months at Bedford in the state of Virginia on or about the first day of Jan'y 1777 by one George Lambert Capt, and served in the company commanded by captain G. Lambert of the 14th Virginia Regiment on continental establishment, Virginia line
that he continued to serve in the said corps, or in the service of the United States, in the continental army, against the common enemy, until about the first  ten days after the battle of Monmouth when he was honorably discharged from service at Monmouth in the state of New Jersey ; that he was in service 18 months and was in the battles of Monmouth and with the army at Brandywine .
and that he is in reduced circumstances and stands in need of the assistance of his country for support; and that he has lost his discharge, and has no evidence in his power, of his services and discharge, other than that which is here transmitted.
Sworn and declared before me the day and year aforesaid.
Is. Clark circuit judge
George Lamberts company, that he joined me in my a Regiment on continental Establishment at Fredericksburg early in the spring of the year following, that he was with me at the battle of Brandywine

Anester Goine states that she is the mother of the within named Jos. Goine. That she knows of his being enlisted in the service of the United States, and for the time time specified, at any rate she is certain that her son was absent for 18 months & more, after his enlistment,
Charles Perrin says he knew of the above named Jos. Goine's enlisting in the service of the U. States and served his time out, that the s d Joseph was a good Soldier, and esteemed a man of Good Character,
Sworn to before me this day and year first of
Jos. Clarke Circuit Judge
I, Jos. Clarke Judge, &c. as aforesaid, do certify, that it appears to my satisfaction, that the said Joseph Goine did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy, for the term of nine months and upwards, on the continental establishment; and I now transmit the proceedings and testimony taken and had before me, to the Secretary for the Department of War, pursuant to the directions of the aforementioned act of Congress—and it further appears to my satisfaction, that said applicant is in such indigent and reduced circumstances, as to require the aid of his country, pursuant to the above recited act.
Jos. Clarke Circuit Judge

State of Kentucky No. 1000000000
I David Brind Clerk of the Court for the Circuit aforesaid do hereby certify that James Clarke whose signa- ture is affixed to the foregoing certificate is and was at the time of said signature one of the Judges of the Circuit Court in and for the State aforesaid, and that all and full credit is and ought to be given to all his official acts as such.
In Testimony whereof I have here- unto set my hand & affixed my seal of Office this 11 th day of Sep r , 1818 in the 27 th year of the Commonwealth
D. Brind Ctk
J. C. Clark Circuit Judge

I hereby Certify that Joseph Goine now a resident of Madison County & State of Kentucky enlisted about the beginning of the year 1777 as a private soldier in Capt George Lamberts company, that he joined the 14 th Virg a Regiment on continental Establishment at Fredericksburg early in the spring of the year following, that he was with said Regiment in the battles Brandywine Germantown and Monmouth, that he was honorably discharged a few days after said battle at Monmouth, having served eighteen months which appeared to be the time he enlisted for given under my hand Scott County Kentucky Sep r 18 th 1818
A Buford late Col 10 th Virg a Regiment
1818 1777 41 17 58

Joseph Goine Private 14th Va. Reg't 18 Months
Amount on the faith of a card: from Col. Buford late Col. of the 10th Va. Reg't
[Handwritten signature: J. Goine]

Joseph Paine Declaration for Pensions

State of Kentucky To Madison County
On this 3 rd day of November 1821 personally appeared in Open Court being a court of record for the said state and county of Madison, Joseph Gowin aged sixty-three years resident in Madison County and state aforesaid who being first duly sworn according to Law doth on his oath declare that he served in the revolutionary war as follows He belonged to Capt George Lamberts company of the fourteenth Regiment of the Virginia Line that his original declaration is dated the 11 th day of September 1818 and that the number of his pension Certificate is 10,256. and he further solemnly swore that he was a resident citizen of the united states on the 18 th day of March 1818 and that he has not since that time by gift sale or in any manner disposed of any property or any part thereof with intent thereby so to diminish it as to bring himself within the provisions of an act of Congress entitled an act to provide for Certain persons engaged in the Land Naval Service of the united states in the revolutionary war passed on the 18 th day of March 1818 and that he has not nor has any person in trust for him any property or securities contracts or debts due to him nor has he any income other than what is contained in the schedule hereto annexed and by him subscribed
Schedule viz one old horse of the $20.00 Value of 30.00 three cows and one calf of the value of 20.00 40 head of hogs $70.00

He States that he is by occupation a farmer but from old age disease and a stiff knee is unable to make a support by said occupation, that he has four children living with him. The eldest living with him named Elizabeth aged about 22 years the second named Polly aged about 20 years the third named Susan aged about 18 years the fourth named Jenny aged about 16 or 17 years that his said children are all able to support themselves by their own labour that he has a wife living with him aged about 68 years and very infirm for that age. Sworn to and declared in open court the date above and it is ordered by said court that it be certified that the said Joint property is of the value of seventy dollars —
Kentucky Madison County Set.
I David Brine Clerk of the court for the county aforesaid do hereby certify that the foregoing Oath and the Schedule thereto annexed are truly Copied from the records of said court; and I further certify that it is the opinion of the said court that the total amount in value of the property exhibited in the aforesaid Schedule is Seventy dollars —
In Testimony Whereof I have hereunto set My hand and affixed the seal of said court this 21 st day of November 1821 and in the 30 th year of the Commonwealth
David Brine Clk

Richmond Va Jan 22 Free
Genl Robert E. Lee Washington City

Received June 19 th 1824.
I do hereby certify that the within copy of the Secretary of War's letter to the President of the United States for the purpose of authenticating proceedings against me upon the following transaction - 2
W. L. P.

Columbia Jan'y 22 nd 1824.
Dear Sir.
On the 17 th of April 1823 I received as the Attorney in fact of Joseph Goino (late U. S. Pensioner) from the office of the Bank of the United States at Lexington $96. I had made out Goino's State-ment originally & under the act of Congress of 1820 and as his Atty had drawn his pension and paid it over up to March 1822. Mr Goino was then going to the M p on is and was very anxious that I should continue his Atty receive his pension and have it ready for him when he should return to this State. I accordingly prepared a

power blank as to date with an au- thority to fill up the date when his pay should fall due - Mr Goin not having returned I accordingly on the same time in April 1823 filled up the power & drew his pension - fully believing that he was still living, but it turned out that he had died some considerable time before - This I was informed of on the 18 th of October last by a letter from Mr Harper the Cashier - I immediately wrote Mr Harper enclosing the $96. which he received, and informing him that the fault was in me - I did not suppose at the time I filled up the date of the power that there was any possible impropriety in doing it, per- haps it was done with too little reflection

however it had been practiced by older and more experienced men than my- self and it was not thought improper like this transaction has very fully convinced me of its impropriety I have just been informed that this fore- on and my letter to the Cashier was transmitted to the Secretary of the War and he has sent there to Mr Bill the A. S. Atty with directions to institute proceedings against me Mr Bill has however declined doing any thing until he can see the Secretary when he arrives at Washing- ton - I must beg the favour of you to call upon Mr Calhoun and give him such information of my general character as you may be consistent with your opinion

of investigation and get him if possible to admit Mr Bitt not to proceed as the victor, not that I fear an examina- tion - But you know that a proceeding of this kind is calcu- lated to injure greatly if not ruin in any young man - The evil disposed and his enemies would wait on all occasions to his prejudice. Mr Clay I have no doubt with his acquaintance with me and such information as you can give him, will unite with you if necessary to go to the Secretary to countermand his instructions to Mr Bitt - I have no objection that Mr Calhoun should know any thing stated in this communica- tion, as the truth I will acknowledge

be the consequences what they may. On this I can say and I call my God to witness its correctness that I neither intended to commit any crime or injury any individual in any thing which I have done, which I have no doubt you will believe. I am bound to believe that some improper impressions have been made upon the mind of Mr Harper in relation to me, I have not however had an oppor- tunity yet to inquire of him - I have which I presume is known to you, done much to prevent revolutionary doings in this gun town from being imposed upon by a few speculators from about Lexington and have never char-

and the first cut. Indeed I have done all that kind of business in this and several adjoining countries - and I am constrained to believe that my voluntary services to this class of citizens has brought upon me the enmity of two or three quite mean engaged in this speculation from about Lexington - any service which you may be so good to render me in this bus- iness will be for ever remembered. I should like to hear from you as soon as you learn any thing in rela- tion to this affair from Mr Galt own - You are at liberty and indeed requested to show this to Mr Bitt
I remain & Sir y r . friend
W. H. Carpenter

J. L. Edwards Esq. War Department D. B.

House of Reps
19 th May 1824
Dr Sir
I send you Mr. Fitch's letter in relation to the proceedings which have had been ordered by the department or War Dept at Capertown. I hope this communication will be entirely satisfactory. Should any additional statement be required, I can say with propriety, the reputation and standing of Mr. Caperton, forced the issue of

of any criminal or fraudulent inter- tion on his part, in filling up the blank in the power Attorney. alluded to in Mr. Bill's letter -
Yours with Respect -
Robert L. Dole

FREE
J. C. Calhoun Esq. Secy of War Washington

Office P. U. States Lewington Octm 27. 1823
J. B. Calhoun Esq. Secy of War Sir
The enclosed copies will explain to you a fraudulent transaction committed on the Agency in drawing the pension of a deceased pensioner under a power of Attorney dated 6 months after his decease and as I am informed by the Adm l with a full knowledge of the Attorney of the pensioner's death although he denies that knowledge in his letter
This is a second case of the kind which has occurred in about a year. From the opinion of Mr. Pickers U. S. Atty for this district (a copy of which is enclosed) it appears doubtful whether any law exists to check the practice — As a general means of deaths of pensioners may be calculated on so a corresponding increase of the crime may be expected unless some remedy is provided —
The whole payment of $96. is refunded by the Attorney — The vouchers for the payment were sent

with the June statement and I am just informed by the Auditor that the payments have been examined passed — I have therefore credited the Pension fund with $95- refunded and will send on the vouchers for the payment to which the Widow is entitled as soon as they are put in proper form —
As being a Special Superintendent from action I have deemed it advisable to make the communication here directly to you —
I am Sir very respectfully
Yr Hon. Secy of War
J. H. Foster

Hon:
Robert P. Letcher
Washington

Washington.
March 22 d 1824.
Mr. Letcher.
In relation to the prosecution ordered by the Secy. of War ag t Mr. Coperton, I have to say: that, upon inquiry, I have no doubt that the power of attorney under which Mr. Coperton drew the pension money from the office of D r & Dep t B. U. States at Lexington was genuine; but the principal was dead, before the apparent date of the power. That any fraud was intended by Mr. Coperton I do not believe; his after conduct & his

reputable standing in society, his education, his standing as a lawyer, & the great respectability of his connections & his associates, all forbid the conclusion that the mistake in the date of the power of attorney, & his drawing the money after the death of the pensioner, originated in any fraudulent or sinister intent. My personal acquaintance with Mr. Caperton & knowledge of his family connections, & their great respectability & of his own respectability, led me to inquire into the circumstances - for it was matter of surprise, that such an apparent fraud should have been committed by him: in reality there was no fraud intended.
Your friend
Geo: M. Bible

Copy
Extract from a letter of George M. Bibb to Messrs of the S. for N.Y. to Stephen C. Clark. sent to Frankfort Decr 17. 1822
"The papers transmitted respecting the frauds practiced by the power of Attorney Safford went to draw the pension of Boucher after his death have been attentively considered - No act of Congress has provided for the case by defining the crime or annexing punishment - The remedy if any must be sought in the State Court."

Copy
Office B. & States
Livingston Nov. 15. 1823
W. H. Cabell Esq
Sir
On the 17. Apri 1823 there was paid to you as Atty of Joseph Goin, or Gains a Rev d Pension $96 - for pension from 5 th March 1822 to 4 th March 1823 - His Adm rs has this day come forward & states that Goin died on the 29 th Aug st 1822 - It therefore becomes my duty to request an explanation of this transaction, as your power of Attorney must have borne date 6 months after the petitioners decease -
I am &
E. H. Gains
Answer
Richmond Nov 21. 1823
Sir
Mr. Goin this morning handed me your Note of the 18 th instant on the subject of the pension I received as Atty. of Joseph Goin - My Mem o agrees with yours as to the amount which I received and the time - but what time Mr. Goin died or that he was dead at the time I drew the money for him I was entirely

ignorant, but that there has been a mistake in the date of the power. I find upon inquiry there is no doubt — And how the mistake happened I can explain to you satisfactorily when I see you — Least so, power should attach itself to me until I see you. I beg you will call upon the Hon. H. Clay & Mr. P. Bang for information of my character — The money shall be immediately refunded when mistake realized Yours respectfully W. H. Caperton
P.S. 17
Since writing the foregoing I have prevailed on Mr. Goin to go over & see you that the mistake may be rectified — I sent by him $50 believing that will be about what should be refunded. If it is not enough please advise by next letter and the balance will be refunded — Mr. Goin will remit to you for whatever was due Joseph Goin at the time of his death — The mistake about the date of the power was made by myself — Will you inform me whether the matter has been satisfactorily arranged Yrs & W. H. C.

Kentucky.
Joseph Goine
This man is dead. Payment was drawn on his account for six months after his death. See Mr Harper's letter enclosed. See also the letter to Mr H. dated 11 th Nov. 1823, directing him to institute a prose- cution against Coperton, who drew up the Power of Attorney - Some papers in the case filed by the Hon. Mr. Letcher H.R. Feb. 5. 1824. See letters from Messrs Bibb & Letcher, enclosed, and letters to them, dated 22. May 1824. (Prosecution withdrawn.)
Sept 1819 file

INVALID.
File No. 85-979
Joseph Goine His Rev. Mrs.
Act: 18 March 18 th
Index:—Vol. 2 , Page 877
[Arrangement of 1870.]